Assuming you already received an ACD...
In addition to Mr. Rothstein's response, you can go to the Courthouse where the ACD was originally granted and request a Certificate of Disposition with regard to the matter. This is the official court document which should state the original charge and the ultimate disposition of the matter. If you appear after the 6 month period, it should read Dismissed and Sealed Pursuant to CPL 170.55.
First, New York City Police Reports don't normally apportion fault for the accident on the police accident report (MV-104), unless the police officer actually witnesses the accident. Even then they usually just provide each drivers or pedestrians version of events, even when the officer issues a traffic violation to one of the parties.
As for your ability to sue "in small claims for compensatory damage, treble punitive damages..."; cases in NYC Small Claims Court are limited to a maximum...
Be very careful. If he did file a complaint against you and you appear at the precinct, you will be arrested.
Based on your rendition of the facts, I'd consult an experienced criminal defense attorney and avoid answering your door when the cops show up. It's likely they will appear at your door in the near future, although they won't be able to come into your home to arrest you. Normally they contact you and say they "just want to speak with you." ie, Come down so we can get you to...
I'll guess at the info you left out. You were caught shoplifting less than $400 worth of stuff from a store. If so, first arrest..ACD is a possibility. There re many factors that would be takem into consideration, including your age, what you were taking, how you were caught, tje store ( is it one that actually shows up to court? Some don't.. While some push for stronger punishment.
Best advise.. Hire a lawyer and let them do the worrying.
The guy can definitely be and should be prosecuted. You can make an appointment directly with the district attorney's office and avoid going through the precinct. look up the District Attorney's Number on the internet and call and make an appointment with the Sex Crimes Bureau. It's not unusual for there to be a delay in reporting such a crime and her visits to PP and the counsellor will help to validate her story.
It would depend the specific plea. Normally if the violation is based on a domestic incident, the DA would require that you waive your right to the file being sealed, prior to offering you the plea. If not, it should be sealed automatically, as noted in Mr. Kenniff's answer.
You can check by going to the Courthouse and requesting a Certificate of Disposition, costs $10 and will provide you with the specifc plea.
Feel free to call me,
James Galleshaw - 11414
He should not plead guilty, until his lawyer advises him to do so and only after he is 100% aware of the charge and the consequenses of his plea. Note that it is not unusual for a case in the Bronx to drag on for months and months and even years. There are many reasons the case could drag on for such a long period of time and it does not mean your lawyer is doing something wrong.
I recommend scheduling an appointment with his lawyer to discuss exactly what the charges are and how he/she...
Assault in the 3 Degree, is the lowest level assault charge under NY Penal Law and is an "A" misdemeanor, punishable by up to a yr in jail and or a fine.
Note that 3rd degree is the lowest level of Assault.
A "B" misdemeanor would be up to 3 months in jail and or a fine.
Note that these are the maximun periods of incarceration and very rarely do individuals charged with misdemeanor assault actually get convicted of crimes. Normally, these matters are negotiated down to violations,...
Unfortunately the other resposes are correct, as it's almost impossible for anyone to give you a figure. The main issue, assuming you aren't at fault or partially at fault, is how much insurance is actually covering the car. ie what are the policy limits. It's typical that the vehicle may only have a $25,000 policy, the minimum required coverage in NY.
As such, it is very important that you retain an attorney to investigate other potential policies which may cover your loses. (SUM/UM...